How to calculate compensation for unused vacation on dismissal
If you did not useholiday for a full working year, you have the right toindemnification for 28 calendar days. The same compensation is due to you if you have worked from 11 to 12 months. Determine the time for which you were not providedholiday and for whichholiday relies. That is, it is necessary to take away from worked time: a) the days when you were not at work or were suspended from work; b) periodsholiday at their own expense, if their total number is more than 14 days.
Count for what years you did not useholiday. Focus onat this is for workers, and not for calendar years. Onat measures, you started working on June 25, 2010, then the first working year for which you are supposed toholiday. will end on June 24, 2011. Let's take a visualat measures: You have worked 2 full working years and 2 months. ATholiday e was not and decided to quit. You are entitled to compensation for 28 28 = 56 days. But there are still 2 waste month. If the surplus days are less than half of the month, they do not take into account. So, compensation is payable for 56 days 28 days 12 months * 2 = 60,66 calendar days. Rounded to 61 days.
The amount of compensation is calculated according to the average earnings (number of days multiplied by average daily salary). Average wages are calculated by the numbers of payments for the last three months of work. Compensation you will be able to receive on the last working day, the day of dismissal.
Compensation is not paid in the following cases: you were transferred as an external part-time to the main place of work (it was transferred); if the worked-out period is less than half a year; if you worked without the conclusion of a labor agreement, a contract. You can abandonholiday or compensation at the urging of the employer, but remember that an agreement that establishes a waiver ofholiday but, unlawfully and will be considered invalid. It can be appealed at any time in a judicial procedure.